Decision paves way for law enforcers to arrest Dela Rosa, who was given protective custody by the Senate but decided to go back into hiding after ICC unsealed its arrest order
The Philippine Supreme Court denied Senator Ronald dela Rosa’s request for a temporary restraining order against the arrest warrant issued against him by the International Criminal Court.
In a special session on Wednesday, the High Court voted 9-5-1 (denial-agreement-abstention) rejecting dela Rosa’s appeal, opening the way for law enforcement agencies to arrest the fugitive senator.
Dela Rosa escaped from the Senate premises in the early hours of Thursday, May 14, after evading National Bureau of Investigation agents attempting to arrest him.
He was given protective custody by the Senate but decided to go back into hiding after the ICC unsealed its arrest order issued on November 6, 2025.
The Filipino senator is identified as a co-conspirator to the three charges of murder and attempted murder against former Philippine president Rodrigo Duterte who is now imprisoned at the ICC detention centre in The Hague.
Dela Rosa was chief of police when Duterte was Davao City mayor and Philippine president from 2011 to 2018. They are accused of masterminding and implementing a bloody campaign against suspected drug dependents that reportedly killed as many as 30,000 victims.
In its decision, the Supreme Court clarified that it only decided on the petition for a temporary prevention of arrest.
“The main issues raised by the parties in their pleadings and motions are yet to be resolved in the main case,” the Court said.
Dela Rosa had argued that only a local court should order his arrest and not a foreign court.
The Office of the Solicitor General, main lawyers of the Philippine government, opposed dela Rosa’s petition, saying the senator cannot seek the protection of the law when it is convenient while running away when it goes against him.
Law expert Mel Sta. Maria meanwhile said that the Philippine government is obligated to implement the arrest order. He said that the ICC is not a “foreign court” as argued by dela Rosa but an international court that the Philippine government is obligated to abide by.
